A client reached out for a demand letter for nonpayment for services. It’s clear through documented invoices. We sue and D is only offering to pay half of the amount owed. Trial (bench) is set for next year and the client ( a company) does not want to conduct any discovery, since it clear the money is owed. What do you do? Should you go to trial without conducting discovery?

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Surely you move for summary judgment if it is so clear on documents.

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Thank you!

MSJ DUH

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Offering half?! Get outta here with that nonsense!

In many courts this would proceed by summary proceeding w/o the need for discovery.

That said, explain to your client that showing up to court w/o all the facts is going to lead to the court suggesting (or ordering) discovery, or post trial briefs. So it’s kind of a sunk cost.

Also don’t forget, as you prosecute these matters — of course, depending on your statute — be aggressive to get your fees paid by your opponent. Keep a bill even if the matter is on contingency and be clear with your opponent that you are seeking your fees and costs. And then see if they offer you half!

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Going to trial without doing any discovery feels, sounds, and most likely is malpractice lol

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